Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)

Citation: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Parent Document: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-01-08
Original Source: https://www.courtlistener.com/opinion/4930926/duvall-highlands-llc-v-elwell/ ↗

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Because Elwell failed to comply with RCW 59.18.375’s requirements and refused to pay even the *768undisputed amount of rent and charges10 before the notice deadline, Hwang was entitled to possession at the time of the show cause hearing.11 The commissioner should have directed that a writ of restitution issue and entered final judgment on possession in favor of Hwang at that hearing.12 To hold otherwise would entitle any tenant to a trial on the issue of possession even though she fails to pay even the undisputed portion of rent after receiving notice and instructions under RCW 59.18.375 about how to avoid eviction. That would contravene the purpose of Washington’s unlawful detainer statutes, which is “to give the landlord a speedy, efficient action to evict a tenant for breach or for certain activities on the premises.”13 The fact that Elwell may have had bona fide reasons for contesting the disputed portion of the rent and charges does not change our analysis.14 The statute, discussed above, provides the method for avoiding eviction and preserving those disputes for trial.

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